Legal Question in Business Law in New Jersey

Procedure in an existing case

my business partner and I are being sued and well into the battle by a previous employer for ''stealing customers''. A weak but existing non-compete does exist. However, there are only a couple of customers we are working with. These customers were deposed and stated imphatically that they stopped contracting work from our previous employer due to poor service, communication, and repeated failures to complete work within acceptable time frames and that they would never contract with them again. In addition, these customers contacted our newly started business for service work and are verry happy with us. It seems as though our previous employer is trying to drive us out of business by taking every possible liberty in his discovery and it has cost us a ton. My question is this. Can we ask the judge to dismiss the case for a lack of evidence and no apparent protectable interest?


Asked on 5/17/08, 6:10 pm

3 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Procedure in an existing case

At first glance, with just the little bit of information you gave, I can say yes, you could ask. Whether it is smart to do so, or what your chances of winning are, I could NOT say.

Why in God's name do you need to ask this question on an internet website?

Why are your attorneys not answering this question for you, clearly and promptly telling you what you are asking?

Are you just fishing around for a 2nd opinion? No attorney can give you a second opinion in this situation without ALL of the information and a look at the documents. If that is what is going on, then my response is about all you can get.

If you are asking your lawyer and not getting an answer, then that is a huge problem.

If that is the situation, then I am very concerned that your lawyers are not adequately representing you.

Please call my office if you would like my assistance. I would be happy to speak to you on the telephone, but it will take more than just a brief telephone call to assist you with these issues.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/19/08, 10:57 am
John Corbett Corbett Law Firm LLC

Re: Procedure in an existing case

Ask your lawyer about making a motion for summary judgment.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 5/18/08, 8:48 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Procedure in an existing case

Yes, of course. Why isn't your attorney doing this?

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Answered on 5/17/08, 7:12 pm


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